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TMI Blog2008 (9) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... ali, Rishabh Sancheti, P.S. Bhati, Ajeet Kumar Sharma and Shri Vineet Kumar Mathur, for the Appearing Parties. [Order]. - By this petition, the petitioner seeks to have declared illegal, arbitrary and unconstitutional, the following words in Policy Circular No. 13 (RE-2008) dt. 30-6-2008 produced with the writ petition as Annexure-4 "units who have been granted marble block import licence under previous licensing years or are eligible to avail licence in the current licensing year (2008-09) under SIL category". Other relief as claimed is, that the petitioner may be declared entitled to avail import licence under Annexure-4. 2. Necessary facts are, that according to the petitioner, in exercise of powers conferred by Section 5 of For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho have been granted import licences under SIL, or who are eligible for avail licences, in the current year, under the SIL, have been excluded. It is also alleged, that quantity of licence or entitlement of licence thereunder, is in accordance with gang saw machines installed in the premises. This Circular No. 13 has been produced as Annexure-4. 4. The precise challenge, for the above relief, is on the ground, that according to Annexure-4, the eligibility is based on the criteria being, units, who have installed marble gang saw machine, and the units should have been in operation since prior to 31-3-2001, and from out of this category, 100% EOU's, units in SEZ, and units who have been granted marble block import licence under previous l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding inter alia, that Annexure-4 was issued, especially to redress the grievance of the entrepreneurs, who were not given the import licence under SIL Scheme, and the petitioner, who was, and is enjoying the benefits under SIL Scheme, cannot question, when the benefit is extended to those entrepreneurs, who were not enjoying the benefit under the SIL Scheme. It is also contended, that by Annexure-4, Government has broad based licensing, by including units, which were earlier not covered under the SIL Category. The policy has been devised in consultation with the various State Governments, and the representatives of the industries. It is contended, that if the option suggested by the petitioner is provided, very purpose of broad basing the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicants, and in view of the averments contained at page 50 of the paper book, being internal page 5 of the rejoinder, the applications are allowed, and all the applicants are impleaded as party respondents. 8. Thereafter, we have heard learned counsels on the merits of the matter. 9. At the outset, it may be observed that by Annexure-4, the persons like petitioner, who have been enjoying, and are availing, import licences under the SIL, have not been, altogether excluded from their entitlement to get import licence, rather they continue to remain entitled to avail the licence under the SIL. Therefore, it cannot be said, that by issuing the policy scheme Annexure-4, the persons including the petitioner have been deprived to do the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Annexure-3, it is relatable to eligible turnover for the relevant years with a specified cap, while under Annexure-4, it is relatable to average indigenous sales turnover of the applicant concerned. Thus, more or less, the same criterion has been applied for determining the eligibility, viz, depending on the turnover, under Annexure-3 and Annexure-4 respectively. Then so far as the limit of 3000 metric ton for one marble gang saw, and 1500 metric ton for additional gang saw is concerned, it is clear, that this is the upper most overall ceiling for each individual applicant. Significantly, under Annexure-3, no such overall ceiling has been prescribed. Obviously, with the result, that a person, falling under Annexure-3, in a given case, may e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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